Kenyan case law
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Rono & another v Abc Bank Limited & 2 others (Environment and Land Case Civil Suit 137 of 2017) [2023] KEELC 20896 (KLR) (19 October 2023) (Judgment)
✦ The Court found that the Plaintiffs were not served with a statutory notice as required by Section 90(2) of the Land Act. The Court also found that there was no gross undervaluation of the suit properties and that the 1st Defendant's right of statutory power of sale had accrued. The Court upheld the 3rd Defendant's counterclaim.
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Odhiambo v Nganya (Miscellaneous Application 37 of 2022) [2023] KEELC 20853 (KLR) (19 October 2023) (Ruling)
✦ The applicant's application is dismissed as no good and sufficient reason has been given for the extension of time sought
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Lomul v Samati & another (Environment and Land Appeal 1 of 2023) [2023] KEELC 22614 (KLR) (19 October 2023) (Ruling)
✦ The court allows the notice of motion with costs to abide in the appeal
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Mungai v Ngunya & 3 others (Environment & Land Miscellaneous Case E219 of 2021) [2023] KEELC 20842 (KLR) (19 October 2023) (Ruling)
✦ The court granted the temporary injunction and mandatory injunction.
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Gatungu (Suing as the Legal Representative of the Estate of Eva Wambui Theuri Deceased Plaintiff ) v Theuri & another (Environment and Land Appeal E034 of 2021) [2023] KEELC 20865 (KLR) (19 October 2023) (Judgment)
✦ The Appellant's claim for a customary trust over the suit property is upheld, and the 2nd Respondent is ordered to return the property to the Appellant.
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Nchue & another v Sondai (Environment & Land Miscellaneous Case E015 of 2023) [2023] KEELC 20892 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Maiyo & 4 others v Land Adjudication & Settlement Officer, Nandi County & 8 others (Environment & Land Petition 7 of 2021) [2023] KEELC 21030 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed as the report was prepared and filed by the persons mandated by the court to do so, and the original maps were filed alongside the report.
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Hassan v Mohammed & 2 others (Environment and Land Case Civil Suit E400 of 2022) [2023] KEELC 20926 (KLR) (19 October 2023) (Ruling)
✦ The suit is hereby struck out as the plaintiff lacks locus standi to prosecute the same.
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Irungu & 3 others v Wairimu (Environment and Land Appeal E020 of 2021) [2023] KEELC 20816 (KLR) (19 October 2023) (Judgment)
✦ The appeal was dispensed with by way of written submissions.
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Mutai v Sang & another (Environment & Land Case 32 of 2016) [2023] KEELC 20915 (KLR) (19 October 2023) (Ruling)
✦ The court allowed the Plaintiff's application, finding that upholding the Preliminary Objection would be draconian as there were substantive issues that needed to be heard and determined.
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Kiere v Karaithi & 6 others (Environment & Land Case E84 of 2021) [2023] KEELC 21046 (KLR) (19 October 2023) (Ruling)
✦ Application dismissed with costs
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Githaiga & another (Suing as the legal representative of the Estate of the Late James Githaiga Kuria) v Karanja; Murigi (Interested Party) (Environment & Land Case E059 of 2021) [2023] KEELC 21069 (KLR) (19 October 2023) (Ruling)
✦ The Plaintiffs/Respondents are knowledgeable of the terms of the decree of the court and are in contempt of the orders of the court.
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Muhura & 5 others v Karanja (Environment & Land Case 23 of 2020) [2023] KEELC 20792 (KLR) (19 October 2023) (Ruling)
✦ The application for stay of execution is not merited due to the delay and the defendant's failure to seek stay immediately after the judgment.
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Muhia & 2 others (Legal Representatives of the Estate of Njiraini Muhia- Deceased) v Ngugi (Environment and Land Appeal E023 of 2022) [2023] KEELC 20800 (KLR) (19 October 2023) (Judgment)
✦ The Court dismissed the appellants' suit and allowed the respondent's counter-claim. The agreement dated 28th March 1987 did not make provisions for refund.
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Mayfair Holdings Limited v Ahmed (Sued as the Administrator of Shabir Ahmed) (Environment and Land Case Civil Suit 809 of 2015) [2023] KEELC 20875 (KLR) (19 October 2023) (Judgment)
✦ The court found that Mayfair Holdings Limited is the registered proprietor of the suit property and is entitled to the reliefs sought in the plaint.
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Kamau & 2 others v Njau & 4 others (Environment & Land Case 445 of 2014) [2023] KEELC 20876 (KLR) (19 October 2023) (Ruling)
✦ The court dismissed the 1st defendant's application for an injunction and ordered him to vacate the plaintiffs' portion of land. The court also dismissed the 1st defendant's application for mesne profits and damages.
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Kemnitz v Muthoni alias Elizabeth Karimba (Environment & Land Case E023 of 2023) [2023] KEELC 22613 (KLR) (19 October 2023) (Ruling)
✦ The court finds that the Plainti/Applicant has established a prima facie case with a probability of success at the trial.
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Warumoge (Suing as the legal representative of the Estate of Hassan Mohamed Matan (Deceased) v County Surveyor Kajiado County & another (Environment & Land Case E104 of 2022) [2023] KEELC 20840 (KLR) (19 October 2023) (Ruling)
✦ The motion is dismissed as it has no merit.
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Gateru & another v Njeri (Sued as the legal representative and administrator of the Estate of the Late Elijah Murimi) (Environment and Land Appeal E033 of 2021) [2023] KEELC 20857 (KLR) (19 October 2023) (Judgment)
✦ The Appeal is dismissed with costs to the Respondent
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Kioko & 3 others v Musya & 3 others (Being sued jointly In their capacity as trustees of Ukai Self-Help Group) (Environment and Land Appeal 10 of 2021) [2023] KEELC 20772 (KLR) (19 October 2023) (Judgment)
✦ The court held that the Trial Learned Magistrate erred in law and fact by calling for evidence on Preliminary Objection based on a pure point of law and by disregarding the fact that there has been no conclusive decision determining the Rights of the parties with respect to all that property known as Lamu/ Lake Kenyatta1/ 753.
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Arusei v Bett (Environment & Land Case 14 of 2018) [2023] KEELC 20833 (KLR) (19 October 2023) (Ruling)
✦ The court found that the Applicant’s advocates are not properly on record and the application is incompetent. The court also found that the consent order cannot be set aside unless it is proved that it was obtained by fraud or collusion or by an agreement contrary to the policy of the court.
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Onyancha & 2 others v Angata Sugar Mills Limited & another (Environment & Land Petition E026 of 2023) [2023] KEELC 20922 (KLR) (19 October 2023) (Ruling)
✦ The Court has jurisdiction to hear and determine the applications and Petition.
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Rugut & 2 others v National Environment Management Authority & 4 others (Constitutional Petition 3 of 2019) [2023] KEELC 20912 (KLR) (19 October 2023) (Judgment)
✦ The Petitioners’ Petition was not pleaded with reasonable precision and lacks merit.
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Soy Developers Limited v Kenagri Products Ltd & 4 others (Environment & Land Case 132 of 2015) [2023] KEELC 20839 (KLR) (19 October 2023) (Ruling)
✦ The court grants the application to recall the witness and adduce the additional evidence.
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Muriithi v Nduta & 3 others; N.T Express Launromatt Ltd (Intended Interested Party) (Environment & Land Case E380 of 2021) [2023] KEELC 20925 (KLR) (19 October 2023) (Ruling)
✦ The court allows the application to join the applicants, but the costs shall abide the outcome of the suit.